NATIONAL INSURANCE CO LTD Vs. SENNIAPPAN

JUDGEMENT

(1.) BEING aggrieved by the order dated 17. 02. 2005 passed in W. C. No. 268 of 2003 passed by the Workmen's Compensation Commissioner (Deputy Commissioner of Labour), Salem (hereinafter referred to as "the Commissioner), the second opposite party (insurer therein) has filed the above appeal.

(2.) RESPONDENTS 1 and 2 herein, who are the parents of one Thangavel @ kumar, filed W. C. No. 268 of 2003 claiming a compensation of Rs. 5,00,000/- in respect of the death of their son on the ground that while he was employed as a Rig Operator under the third respondent in 'ashok Leyland Rig Unit' bearing Registration No. TNP 7897 met with an accident in the course of his employment on 08. 12. 1999. According to Respondents 1 and 2 their son was getting a monthly salary of Rs. 5,000/ -. The vehicle in question was insured with the appellant herein and as such the third respondent as the owner and the appellant as the insurer are liable to pay compensation.

(3.) THE said claim of Respondents 1 and 2 was resisted by the appellant herein and before the Commissioner the third respondent-owner of the vehicle remained exparte. The appellant who was the second respondent before the Commissioner filed a counter statement contending as follows:-The insurer did not admit the employment of the deceased as Rig Operator under the third respondent and his salary. The insurer contended that the accident had not taken place in the course of employment and arisen out of employment under the third respondent. The vehicle was not insured on the date of accident. It was further contended that the claim is highly excessive and the insurer is not liable to pay any compensation.